QUERY: Is there any prohibition in the law against having the
Reception and Dinner Meeting at the University Club of
Tampa atop the Tampa City Center in connection with the
Quarterly Meeting of Water Management Districts on
March 25, 1982.

ANSWER: No.

DISCUSSION: It has been suggested that there might be some
prohibition against having a meeting at the University Club because
of discrimination.

Section 286.011(1) provides that:

"all meetings. .at which official acts are to be taken
are declared to be public meetings open to the public
at all times, and no resolution, rule, or formal action
shall be considered binding except as taken or made at
such meeting." (Emphasis added.)

Subsection 286.011(6) provides that:

"all persons subject to subsection (1) are prohibited
from holding meetings at any facility or location which
discriminates on the basisF ,f sex, age, race, creed, 6olor1
origin, or economic status or which operates in such a
manner as to unreasonably restrict public access to such
a facility."

The assemblages in question are identified on the registration
form as "Reception" and as "Dinner Meeting." Both are scheduled
to be held at the University Club of Tampa. [It is well known
that the University Club does not welcome ladies to its noon meals
and on at least one well-publicized occasion did refuse to seat
and serve a lady guest. This occurred several years ago when the
lady guest was currently serving as Chairman of the'Board of County
Commissioners. She subsequently became a State Senator and was the
successful sponsor of a bill which amended 286.011 by adding
subsection (6) quoted above.]

After 4:30 p.m. each day the University Club welcomes ladies and
any other invited guests.of members. All food and beverage served
is charged to host member's accounts.

1____________

MEMORANDUM re: University Club Discrimination
March 15, 1982
Page Two

In connection with the event planned for March 25, 1982, the
"Reception" is scheduled for 7:00-8:00 p.m. and the "Dinner
Meeting" is scheduled for 8:00-9:30 p.m. Persons registered
for this water management meeting are expected to pay a
registration fee of $35.00. The brochure indicates that the
fee "covers costs of all meals and meeting materials." In
addition to the "Dinner Meeting" there is also a "Breakfast
Buffet" on Friday morning.

Members of the Host Committee also state that while they urge
pre-registration, they will allow late registration and will have
a table at the University Club at the beginning of the reception
for the purpose of accepting late registrants. Space and available
meal service will be the only thing that could cause someone to be
turned away from either event. Maintenance of reasonable decorum
is anticipated and participants are expected to be appropriately
attired. (Men are expected to wear jackets or coats and extra
jackets are available at the University Club in the event they
should arrive without such garment.)

The "Meeting Schedule" lists "Topics of Discussion" for the Thursday
afternoon meeting at another location. An "Agenda" is listed for the
Quarterly meeting scheduled for Friday morning, also to be held at
another location.

Two functions are to be held at the University Club. These are the
"Reception" and the "Dinner Meeting." The items to be handled
are:

-- A welcome by Bruce Samson (Chairman of SWFWMD)
-- Introductions by Bob Martinez (a former Governing Board
member and now Mayor of Tampa)
-- A speech by Victoria Tschinkel, Secretary of DER

The reception and dinner meeting will afford members of Governing
Boards, representatives from the Department of Environmental
Regulation and other public officials, together with staff members,
an opportunity to meet and become better acquainted with each other.
Persons will be attending from throughout the state, many of whom
have not had an opportunity to become acquainted with each other.

No official acts are to be taken by the Governing Board of SWFWMD.
No official acts are to be taken jointly by the water management
district representatives attending the "Reception" and the "Dinner
Meeting." Therefore, the provisions of 286.011 have no applicability.

MEMORANDUM re: University Club Discrimination
March 15, 1982
Page Three

The gathering is not for the purpose of conducting public
business by members of the respective Governing Boards which are
collegial bodies constituting agency heads and there is no intent
to hold the gathering for the purpose of rule drafting. Therefore,
the definitions of meetings and workshops in Rule 28-2.01, F.A.C.,
do not apply.

CONCLUSION: The reception and dinner meeting are not being held
for any of the purposes enumerated within the definitions of
meetings and workshops set forth in the Model Rules and no official
acts are contemplated to be taken which renders S286.011 inapplicable.

[It should also be pointed out parenthetically that although the
gathering does not fall within the rule or the law, the Host Committee is
confident that there will be no discrimination at the location of
the gathering on any of the enumerated bases. Great effort has been
made to hold the gathering at a location which will provide pleasant
surroundings and a good meal for all who desire to attend, regardless
of their sex, age, race, creed, color, origin, or economic status
and every effort is being made to make sure that public access is not
unreasonably restricted.]

A I, k1, -__ i 1I 1.11

-.C na fLaSIfl'f W w4=wW~flN W *S a~ ~ -A M W-S- Liflu 9%A U MIr

RULES

OF THE

ADMINISTRATION COMMISSION

MODELS RULES OF PROCEDURE

CHAPTER 28-2

AGENDA AND SCHEDULING OF MEETINGS AND WORKSHOPS

28-2.01 Notice of Meeting or Workshop
28-2.02 Reserved con
S 28-2.03 of Meetings and Workshops disc
28-2.04 um
28-2.05 sud
28-2.06 ed or "
28-2.07 E Meetings sim
min
28201 N ce of Meeting or Workshop. not
(1) Except In the case of emergency meetings,
school districts, omuity college districts, or units of diff<
government with Jurisdiction in only one county, the pre
Agency shll give at last seven (7) days public notice of
any meeting or workshop by publication in the Florida
Administrative Weekly.
(2) Such notice of meeting or workshop shall state:
(a) The date, time and place of the event.
(b) A brief description of the purpo of the event.
(c) Th address where interested persons can write
to obtain a copy of the agenda.
(3) The Agency shall utilize the following form in
providing notice of the meeting or workshop.
NOTICE OF PUBLIC MEETING OR WORKSHOP

The (name of the Agency) announces a public
meeting or workshop to which all persons are invited.

DATE AND TIME:
PLACE:____________
PURPOSE:
A copy of the agenda may be obtained by writing to spe
(name of the Agency) at (headquarters address). ave
(4) A meeting, for the purpose of notice herein, is
limited to a gather g fr the purpose of conducting public wor
business by members of a cofegi body constituting the pro
Agency head. j oe
(5) A workshop i a gathering where members of a Hs
collegial agency head may be present, or a persons)
designated by the agency head are meting, for the
specific purpose of rule drafting at which time no official
votes a to be taken or policy adopted.
Specific Autborty 10.644(110) MS. Law Imutd 120.53MNd),
s1lMe20 l PS. HislTr-New 141-74. Amended 6-10.75. 3-23 0.
28-2.02 Reserved.

28-2.03 Agenda of Meetings and Workshops. not
(1) The agenda abal be prepared by the Agency in 28-
time to insure that a copy may be received at last seven em
(7) days before the event by any person in the state who we
has requested a copy and pays the reasonable cost per con
copy.
(2) The agenda shall list the items in the order they be
are to be considered. For good cause stated in the record, new
items on the agenda may be considered out of their & ed mee
order with the approval of the person des .p 'o ser
pre'id. m

'- 1j
-.s

(3)(a) The agenda shall be specific a to items to be
sidered. Al matters involving the exercise of agency
retion and policy-making shall be listed and
marid on the agenda. Additions to agenda items
Sas "old business," "new business," "other business"
other matters which may come before the Agency" or
iar terms shall be for conaderation of solely
isterial or interna"ldminitrativ matters which do
affect the interests of the public generally.
(b) The Agency may utillse the following, or a
ment form substantlly the same in d"eta in
ring its agenda:

NAME OF AGENCY
TIME, DATE & PLACE OF MEETING
THIS MEETING IS OPEN TO THE PUBLIC
1. Cal to Order
2. Review of Minutes
3. Old Business:
Specificllsting of all matters involving agency
discretion or policy-making with brief
summary of each.
4. New Business:
Specific listing of all matters involving agency
discretion or policy-making with brief
summary of each.
5. Other Business:
specific hating of al matters involving agency
discretion or policy-making with brief
summary of each.
4) The person designated to presde may make
ific changes in the agenda after it has been made
able for distribution, only for "good cause" shown.
(5) The agency shea provide that the meeting or
kshop shall be open to the pubic unless specifically
vided otherwise by law.
rie Amrait 10I.M0 PS. Lw Iamenm- d 120.sclldM Fs.
ry-New 12-31-74. Ammndd -10-75. 5-MO.
28-2.04 Reserved.

282.06 Reserved.

28-2.7 Emergency Meetings.
(1) The Agency may hold an emergency meeting
withstanding the provislens of Section 28-2.01 and
1.03 of the Model Rules for the purpose of acting upon
agency matters affecting the pubc health, safety or
are. Procedures for adopting an emergency rule are
talked in rule 28-.37.
(2) Whenever an emergency meeting s scheduled to
held, the Agency shall notify, at least one major
rspaper of general circulation n the are where t
ting will take place, and may also notify all major
vices of the time. date,. 91ug- of
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PIJRIIC RI]SINERSS MISCELLANEOUS PROVISIONS

CHAPTER 286

PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS

on-

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the
eral

Es-
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are
the

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incil
,.iga-

286.0105 Notices of meetings and hearings must
advise that a record is required to ap-
peal.
286.011 Public meetings and records; public in-
spection; penalties.
286.012 Voting requirement at meetings of gov-
exrmental bodies.
286.021 Department of State to hold title to pat-
enta, trademarks, copyrights, etc.
286.031 Authority of Department of State in con-
nection with patents, trademarks, copy-
rights, etc.
286.035 Constitution Revision Commission; pow-
ers'of chairman; assistance by state and
local agencies.
286.041 Prohibited requirements of bidders on
contracts for public works relative to
income tax returns.
286.043 Limitation on use of funds for discrimina-
tory contract or bid specifications relat-
ing to car rental concessions at airports.
286.23 Real property conveyed to public agency;
disclosure of beneficial interests; notice;
exemptions.
286.24 Termination of Bicentennial Commission;
powers of Department of Commerce.
286.25 Publication or statement of state sponsor-
ship.
286.26 Accetsibility of public meetings to the
physically handicapped.
286.28 Liability insurance; authority of counties,
state agencies, and certain political
subdivisions to purchase.

286.0105 Notices of meetings and hearings
must advise that a record is required to appeal.
-Each board, commission, or agency of this state or
of any political subdivision thereof shall include in
the notice of any meeting or hearing, if notice of the
meeting or hearing is required, of such board, com-
mission, or agency, conspicuously on such notice, the
advice that, if a person decides to appeal any decision
made by the board, agency, or commission with re-
spect to any matter considered at such meeting or
hearing, he will need a record of the proceedings, and
that, for such purpose, he may need to ensure that a
verbatim record of the proceedings is made, which re-
cord inckdles the testimony and evidence upon which
the appeal is to be based.
Hilory.--L I. rh 80 13

286.011 Public meetings and records; public
inspection; penalties.-
(1) All meetings of any board or commission of
any state agency or authority or of any agency or au-
thority of any county, municipal corporation, or po-
litical subdivision, except as otherwise provided in
the Constitution, at which official acts are to be tak-
en are declared to be public meetings open to l
public at all times, and no resolution, rule, or forin

S- L.' &1. 4- .. i. i 1; i

aQ IOw

action shall be considered binding except as taken or
made at such meeting.
(2) The minutes of a meeting of any such board
or commission of any such state agency or authority
shall be promptly recorded and such records shall be
open to public inspection. The circuit courts of this
state shall have jurisdiction to issue injunctions to
enforce the purposes of this section upon application
by any citizen of this state.
(3) Any person who is a member of a board or
commission or of any state agency or authority of any
county, municipal corporation, or political subdivi-
sion who violates the provisions of this section by at-
tending a meeting not held in accordance with the
provisions hei of is guilty of a misdemeanor of the
second degree ,'punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
(4) Whenever an action has been filed against any
Board or commission of any state agency or authority
or any agency or authority of any county, municipal
corporation, or political subdivision to enforce the
provisions of this section or to invalidate the actions
of any such board, commission, agency, or authority,
which action was taken in violation of this section,
and the court determines that the defendant or de-
fendants to such action acted in violation of this sec-
tion, the court shall asses a reasonable attorney's fee
against such agency, and may assess a reasonable at-
torney's fee agai s tf individual filing such an ac-
tion if the court finds it was filed in bad faith or was
frivolous. Any fees so assessed may be assessed
against the individual member or members of such
board or commission; provided, that in any case
where the board or commission seeks the advice of its
attorney and such advice is followed, no such fees
shall be assessed against the individual member or
members of the board or commission. However, this
subsection shall not apply to a state attorney or his
duly authorized assistants or any officer charged with
enforcing the provisions of this section.
(5) Whenever any board or commission of any
state agency or authority or any ageny or authority
of any county, municipal corporation, or political
subdivision appeals any court order which has found
said board, commission, agency, or authority to have
violated this section, and such order is affirmed, the
court shall asess a reasonable attorney's fee for the
appeal against such board, commission, agency, or
authority..Any fees so assessed may be assessed
against the individual member or members of such
board or commission; provided, that in any case
where the board or commission seeks the advice of its
attorney and such advice is followed, no such fees
shall be assessed against the individual member or
members of the board or commission.
(6) All persons subject to subsection (1) are pro-
hibited from holding meetings at any facility or loca-
tion which discriminates on the basis of sex, age, race,
creed colo originor economic status or which oper-

msfm
cy or authority of any county, municipal corporation,
or political subdivision is charged with a violation of
*t1m "WI. Af4 I. I..h I UPd;r